State v. Presley

Defendant appeals his conviction for sexual abuse in the first degree. ORS 163.425. The issue is whether the trial court erred in admitting a statement made by the child victim while she slept. We reverse.

In March, 1989, Children’s Services Division (CSD) received a tip that the seven-year-old daughter of defendant’s wife had been abused. During an interview with a caseworker, the child described three separate incidents in which defendant, whom she calls “Daddy,” had put his finger in her “pee-pee,” referring to her vagina. After that interview, the child was removed from the home, placed in…